Family Law

Family Law

Family Law protects persons in a family relationship by establishing their rights and obligations under the law. The Florida domestic violence statute defines a family as  “…. spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.”

The practice of family law may affect couples that are not married but are cohabitating, are contemplating cohabitating, are contemplating marriage, or have children together.

In addition to the dissolution of marriage, our firm’s services in Family Law include:

  • Cohabitation Agreements
  • Prenuptial Agreements
  • Separation Agreements
  • Parenting Plans
  • Paternity Rights
  • Custody Disputes
  • Child Support
  • Relocation of Children
  • Modification of Judgments
  • Adoptions
  • Reproductive Law

Attorney Pimentel has handled domestic violence cases in the past and may consider new cases if they are related to another matter the care of the firm, such as dissolution of marriage.

We are not handling matters in Juvenile Court, such as Dependency issues.

PRENUPTIAL AGREEMENTS

Florida law gives married couples an interest in the property and estate of the other. Marriage may also create a right of support from a spouse. In order to maintain control over your non-marital property during the marriage and your estate after death, a Prenuptial Agreement is necessary.

It is recommended that the agreement be signed at least 30 days before the officiation date. Preferably, consultations should begin, at least 90 days before.

A consultation with our firm would clarify the difference between marital and non-marital property under the law and provide options for establishing and maintaining separate property during the marriage.

PARENTING PLANS

When parents reside separately, whether they were ever married or not, they require a detailed Parenting Plan with regard to their children. The Plan establishes the decision making authority over the children, a Time Sharing Schedule for the school year and holidays, and specifies the amount of child support to be paid by one parent to the other.

Parenting Plans can be very personal and may vary widely from couple to couple. For this reason, is best for all concerned that the parties work out an amicable agreement with the assistance of their attorneys or a mediator (or both).

RELOCATION OF CHILDREN

Parents cannot relocate with their children more than 50 miles without the written consent of the other parent and a Court Order or without obtaining a  favorable Court Order after filing a Petition for Relocation. If the non-relocating parent does not consent, there are specific reasons for which the relocation may be granted by the Court.

MODIFICATION OF JUDGMENTS

Sometimes the circumstances change after a final decree has been entered by the Court which make the terms of said judgment non-workable for the parties or children. If there has been a substantial change in the circumstances, the parties may want to file a Petition for Modification of Parental Responsibility….Time Share…..or Child Support.